St. Landry democrat., 1887-05-07
GOOD FOR GROVER.
The President Takes Up the CudSei IN use
half of a Settler Upon the Public DOMAIN
Against Grasping Railroad Mchophly
and nenart mental BED CaDp.


yersy between Guilford Miller and the
Northern Pacific Railroad about the
ownership Of some land lying within the
indemnify limits of that road, which Will
be read with int! est on account or the
conclusions reached and the suggestions
thrown out bv the President for an cqult-
able settlement Of the case. The matter
came before the President upon the Dctl-
ton Of Miller and others. it has been
pending LefOre the Interior Department
for several wears. and when finally ad-
iusted will probably establish IL precedent
for the settlement of many similar cases.
IN President after looking through the
case sent the following letter TO the Sec
rotary of the Interiors:
EXECUTIVE MANSION.
W ASHINGTON April -.
DEAR SIR: have examined with much care
and interest the questions involved III the con
4ctng claims OF Guilford Miller and the
Northern Pacific Railroad Company TO
certain public land in Washington
Territory. The legal aspect Of the
case has been examined and passed upon by
several officers of the Government. who do not
agree in their conclusions. Miller claims TO be
a settler upon the land in question, whose pos
session dates from 1873. He alleges that he
has made substantial Improvements upon this
land and cultivated the same, and It appears
that he filed his claim to the same under the
homestead law on the 29th day OF December
1884. The railroad company contends that this
land is within the territory or area from which
il was entitled to select such quantity OF
public lana might be necessary to supply
any deficiency that should be found to exist IN
the specific land mentioned in grant by the
Government TO said company in aid or the con
struction of its road, such deficiency being con
tcmplatcd as likely to arise from the paramount
right of private parties and settlers within the
territory embracing said granted lands, and
that the land in dispute was thas selected by
the company on the 18th day Of December.
1892.
\ large tract including this land with
drawn by an order of the Interior Department
from sale and from presumption and home
stead entry in 1872 in anticipation Of the con
struction of said railroad ami q deficiency in
its granted lands. IN 1887, upon the filing OF I
map Of definite location OF the road. the land il
controversy. and much more which had been Sc
withdrawn was found to lie outside the limits
which included the granted land but its with
drawal and reservation from settlement and
entry under our land laws was continued upon
the theory that it was within the limits OF in
demnity lands which might be selected By the
company as provided in the law making the
grant.
upon the validity and effect Of the withdrawal
and reservation of this lana and the continu
ance thereof. The Acknowledgement is OF the
opinion that such withdrawal and reservation
wera at all times effectual. and that they oper-
ated to prevent Miller from acquiring any in
terest IN or right to the land claimed by him.
With this interpretation of the law and the for
nler orders and action of the Interior Depart
meut it will be seen that their effect has been
the withdrawal and reservation since 1872 OF
thousands. if not millions. of acres OF these
lands from the operation OF the land laws OF the
United States fhus placing them beyond the
reach of our citizens desiring under such laws
to settle and make homes upon the same. and
that this has been done for the benefit of a rail
road company having no fixed certain. or def. |
mite interests in such lands. In this manner
the benefcent policy and intention Of the Gov
eminent in relation to the public domain have
for all these years to that extent been thwarted.
There seems to be evidence presented
showing how much, if any, OF this vast tract is |
necessary for the fultilment of the grant to the
railroad company, does there appear to be |
any limitation Of the time within which this |
fact should be made known, and the corpora
ton obliged to make its selection. After 4 |
lapse of fifteen years this large body of the !
public domain is still held in reserve to the eX- |
cluSion of settlers for the convenience OF a cor |
porate beneficiary of the Government and +,
awaiting its selection, though 1t is entirely GER
tain that much of this reserved land can never |
be honestly claimed by said corporation
Such condition of the public lands should
no longer continue. So far it is the result of
executive rules and methods, these should be |
abandoned, and so far as it is consequence OF
laws these should be repealed or |
amended.
Ourpublic domain is our National wealth. |
the earnest of our growth and heritage of our /
people. 1t should promise limitless develop |
ment and riches, relief to crowding popula- !
tion and homes to thrift and industry. These |
inestimable advantages should be jealousy !
guarded and careful and enlightened policy |
on the part of the Government should secure |
them to the people.
In the case under consideration. I assume |
that there is abundance of land within the area
which has been reserved for indemnity. in |
which no citizen or settler has a legal or equt |
able interest. for all such purposes of in |
Identification of this railroad company, if its
grants has not already been satisfied. under |
stand. too, that selections made by such cor
poration a-e not complete and effectual until
the same have been approved by the Secretary
of the Interior, or unless they are made in the
words of the statute under his direction. You
have thus far taken no action in this matter,
and it seems to me that you are in condition
to deal with the subject in such a manner as to
protect this settler from hardship and loss.
l transmit herewith the papers and docu-
ments relating to the case, which were sub |
mitted to me at my request. l suggest that you
exercise the power and authority you have in |
the premises, upon equitable considerations,
with every presumption and intendment in
favor of the settler. and in case you find this
corporation is entitled to select any more of
these lands than it has already acquired, that |
you direct it to select, in lieu Of the land upon
which Mr.. Miller has settled. other land within |
the limits of this indemnity reservation, upon
which neither he nor any other citizen has in
good faith settled or made improvements.
call your attention to sections 2i5O and 245l
of the Revised Statues of the United States. as
pointing out mode of procedure which may
perhaps be resorted to if necessary for the !
purpose of reaching a just and equitable dispo.
sition of the case. The suggestions herein con-
tanned can I believe be adopted without disre-
garding or calling in question the opinion of
the Acknowledgement upon the purely legal
which were submitted to him.
Yours, very truly,
GROVER CLEVELAND.